WorldCat Identities

Schauer, Frederick F.

Overview
Works: 184 works in 409 publications in 5 languages and 9,632 library holdings
Genres: Trials, litigation, etc  Conference papers and proceedings  Festschriften  Casebooks (Law) 
Roles: Author, Editor, Honoree, Author of introduction, Other
Publication Timeline
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Most widely held works by Frederick F Schauer
Free speech : a philosophical enquiry by Frederick F Schauer( Book )

13 editions published between 1982 and 1984 in English and held by 839 WorldCat member libraries worldwide

Profiles, probabilities, and stereotypes by Frederick F Schauer( Book )

21 editions published between 2003 and 2006 in English and held by 671 WorldCat member libraries worldwide

"This book employs a careful, rigorous, yet lively approach to the timely question of whether we can justly generalize about members of a group on the basis of statistical tendencies of that group. For instance, should a military academy exclude women because, on average, women are more sensitive to hazing than men? Should airlines force all pilots to retire at age sixty, even though most pilots at that age have excellent vision? Can all pit bulls be banned because of the aggressive characteristics of the breed? And, most controversially, should government and law enforcement use racial and ethnic profiling as a tool to fight crime and terrorism? Frederick Schauer strives to analyze and resolve these prickly questions. When the law "thinks like an actuary"--makes decisions about groups based on averages--the public benefit can be enormous. On the other hand, profiling and stereotyping may lead to injustice. And many stereotypes are self-fulfilling, while others are simply spurious. How, then, can we decide which stereotypes are accurate, which are distortions, which can be applied fairly, and which will result in unfair stigmatization? These decisions must rely not only on statistical and empirical accuracy, but also on morality. Even statistically sound generalizations may sometimes have to yield to the demands of justice. But broad judgments are not always or even usually immoral, and we should not always dismiss them because of an instinctive aversion to stereotypes. As Schauer argues, there is good profiling and bad profiling. If we can effectively determine which is which, we stand to gain, not lose, a measure of justice." -- Publisher's description
Thinking like a lawyer : a new introduction to legal reasoning by Frederick F Schauer( Book )

21 editions published between 2009 and 2018 in English and French and held by 637 WorldCat member libraries worldwide

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law
Playing by the rules : a philosophical examination of rule-based decision-making in law and in life by Frederick F Schauer( Book )

36 editions published between 1991 and 2004 in 3 languages and held by 600 WorldCat member libraries worldwide

This is a philosophical analysis of the very idea of a rule. Although focused somewhat on the role of rules in the legal system, it is also relevant to the place of rules in morality religion, etiquette, games, language and family governance
The law of obscenity by Frederick F Schauer( Book )

7 editions published in 1976 in English and held by 529 WorldCat member libraries worldwide

The First amendment : a reader by John H Garvey( Book )

14 editions published between 1992 and 2004 in English and held by 356 WorldCat member libraries worldwide

The force of law by Frederick F Schauer( Book )

12 editions published in 2015 in English and Spanish and held by 305 WorldCat member libraries worldwide

Many legal theorists maintain that laws are effective because we internalize them, obeying even when not compelled to do so. In a comprehensive reassessment of the role of force in law, Frederick Schauer disagrees, demonstrating that coercion, more than internalized thinking and behaving, distinguishes law from society’s other rules. Reinvigorating ideas from Jeremy Bentham and John Austin, and drawing on empirical research as well as philosophical analysis, Schauer presents an account of legal compliance based on sanction and compulsion, showing that law’s effectiveness depends fundamentally on its coercive potential. Law, in short, is about telling people what to do and threatening them with bad consequences if they fail to comply. Although people may sometimes obey the law out of deference to legal authority rather than fear of sanctions, Schauer challenges the assumption that legal coercion is marginal in society. Force is more pervasive than the state’s efforts to control a minority of disobedient citizens. When people believe that what they should do differs from what the law commands, compliance is less common than assumed, and the necessity of coercion becomes apparent. Challenging prevailing modes of jurisprudential inquiry, Schauer makes clear that the question of legal force has sociological, psychological, political, and economic dimensions that transcend purely conceptual concerns. Grappling with the legal system’s dependence on force helps us understand what law is, how it operates, and how it helps organize society
Law and language( Book )

17 editions published between 1991 and 1993 in English and held by 285 WorldCat member libraries worldwide

The theory of rules by Karl N Llewellyn( Book )

12 editions published in 2011 in English and held by 272 WorldCat member libraries worldwide

Karl N. Llewellyn was one of the founders and major figures of legal realism, and his many keen insights have a central place in American law and legal understanding. Key to Llewellyn's thinking was his conception of rules, put forward in his numerous writings and most famously in his often mischaracterized declaration that they are "pretty playthings." Previously unpublished, The Theory of Rules is the most cogent presentation of his profound and insightful thinking about the life of rules. This book frames the development of Llewellyn's thinking and describes the difference between what rules
The philosophy of law : classic and contemporary readings with commentary by Frederick F Schauer( Book )

10 editions published between 1995 and 1996 in English and held by 219 WorldCat member libraries worldwide

Rules and reasoning : essays in honour of Fred Schauer( Book )

6 editions published in 1999 in English and held by 194 WorldCat member libraries worldwide

"Most of the essays ... were papers given at a conference at Quinnipiac Law School in October, 1997"--Editor's introd
An introduction to legal reasoning by Edward H Levi( Book )

5 editions published in 2013 in English and held by 111 WorldCat member libraries worldwide

Apresenta uma descrição geral do processo de raciocínio jurídico no campo da jurisprudência e da interpretação das leis e da Constituição. Discorre sobre os casos: MacPherson contra Buick Motor Co., Dixon contra Bell, Langridge contra Levy, Winterbottom contra Wright, Longmeid contra Holliday, Thomas contra Winchester, George contra Skivington, Heaven contra Pender, Donoghue contra Stevenson, Grant contra Australian Knitting Mills, Hoke e Economides, Caminetti, Mortensen, Erie contra Tompkins, Marbury contra Madison, Darby, Child Labor, Gibbons contra Ogden, Kidd contra Pearson, Reid contra Colorado
Constitutional law : cases, comments and questions by Jesse H Choper( Book )

1 edition published in 2015 in English and held by 32 WorldCat member libraries worldwide

Le regole del gioco : un'analisi filosofica delle decisioni prese secondo le regole nel diritto e nella vita quotidiana by Frederick F Schauer( Book )

4 editions published in 2000 in Italian and held by 29 WorldCat member libraries worldwide

Constitutional law, eleventh edition [and] Individual rights in constitutional law, fourth edition, by Gerald Gunther : 1988 supplement by Frederick F Schauer( Book )

2 editions published between 1988 and 1989 in English and held by 25 WorldCat member libraries worldwide

The First Amendment : cases, comments, questions by Steven H Shiffrin( Book )

1 edition published in 2015 in English and held by 23 WorldCat member libraries worldwide

1990 supplement, Constitutional law, eleventh edition, Individual rights in constitutional law, fourth edition, by Gerald Gunther by Frederick F Schauer( Book )

3 editions published in 1990 in English and held by 20 WorldCat member libraries worldwide

The trouble with cases by Frederick F Schauer( Book )

8 editions published between 2009 and 2010 in English and held by 14 WorldCat member libraries worldwide

For several decades now a debate has raged about policy-making by litigation. Spurred by the way in which tobacco, environmental, and other litigation has functioned as an alternative form of regulation, the debate asks whether policy-making or regulation by litigation is more or less socially desirable than more traditional policy-making by ex ante rule-making by legislatures or administrative agencies. In this paper we step into this debate, but not to come down on one side or another, all things considered. Rather, we seek to show that any form of regulation that is dominated by high-salience particular cases is highly likely, to make necessarily general policy on the basis of unwarranted assumptions about the typicality of one or a few high-salience cases or events. Two cornerstone concepts of behavioral decision - the availability heuristic and related problems of representativeness - explain this bias. This problem is virtually inevitable in regulation by litigation, yet it is commonly found as well in ex ante rule-making, because such rule-making increasingly takes place in the wake of, and dominated by, particularly notorious and often unrepresentative outlier events. In weighing the net advantages of regulation by ex ante rule-making against those of regulation by litigation, society must recognize that any regulatory form is less effective insofar as it is unable to transcend the distorting effect of high-salience unrepresentative examples
Performance impact of deflagration to detonation transition enhancing obstacles by Daniel E Paxson( )

1 edition published in 2012 in English and held by 0 WorldCat member libraries worldwide

A theory of legal sentences by Manuel Atienza( )

1 edition published in 1998 in English and held by 0 WorldCat member libraries worldwide

Legal statements are, according to the authors, the most basic elements of the law. Nevertheless they must be considered not only as the pieces of a puzzle, but also as the components of a dynamic and highly complex reality: the law of contemporary society. The book presents an analysis of the different types of legal statements (mandatory rules, principles, power-conferring rules, definitions, permissions, values and the rule of recognition) from a threeefold perspective, that is, considering their logical structure, their function in legal reasoning as reasons for action, and their connections with the interests and power relationships among the individuals and the social groups. The result is conceived as a first step in the building of a general theory of law designed not as an isolated discourse but as a decisive element for the dynamization of the legal culture
 
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Audience Level
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Audience level: 0.40 (from 0.08 for Profiles, ... to 0.98 for Le regole ...)

Profiles, probabilities, and stereotypes
Alternative Names
Frederick Schauer American jurist

Frederick Schauer Amerikaans jurist

Schauer, F. (1946- ).

Schauer, Fred.

Schauer, Fred 1946-

Schauer, Frederick.

Schauer, Frederick 1946-

Schauer, Frederick F.

Schauer, Frederik F.

Languages
English (180)

Spanish (7)

Italian (4)

French (3)

German (1)

Covers
Thinking like a lawyer : a new introduction to legal reasoningPlaying by the rules : a philosophical examination of rule-based decision-making in law and in lifeThe First amendment : a readerLaw and languageThe theory of rulesThe philosophy of law : classic and contemporary readings with commentary